The Madras High Court has ruled that government authorities cannot prevent individuals from erecting statues on private land unless it poses a significant risk of causing major issues. In a recent judgment, the court allowed Piyush Manush, alleged environmental activist from Salem, to build a memorial for the late Father Stan Swamy, who was implicated in activities against the country and accused of promoting secession in connection with the Elgar Parishad-Maoists links case.
The ruling came after the court set aside a notice issued on 16 July 2021, by the Nallampalli Tahsildar, who had barred Piyush Manush from constructing a stone pillar featuring controversial secessionist priest’s image. In his order, Justice M. Dhandapani granted permission for the memorial to be built in Nekkundi village, located in the Nallampalli Taluk of Dharmapuri district. The judge referenced the legal precedent established in the case of R Kanthavel vs. The Principal Secretary, which affirmed the right to build statues on private patta land.
What raised concern, however, was that Piyush Manush, who describes himself as an activist, intended to erect a memorial for an individual with alleged ties to Naxalites and Maoists. On the government’s side, officials such as the Pennagaram DSP argued that the tribal hamlets in the area had recently become hotspots for the gathering and fostering of anti-social elements with ideologies opposing the government. The DSP also warned that the location where the stone pillar was planned to be erected was sensitive, and its unveiling could potentially lead to communal unrest.
Who Is Stan Swamy?
Pastor Stan Swamy, also known as Stan Lourduswamy, was an 83-year-old Jesuit priest and activist born in Trichy, Tamil Nadu. Later becoming a Roman Catholic priest in the Jesuit order, Swamy was deeply influenced by the principles of ‘Liberation Theology’, which integrates Marxism and historical materialism into theology. Liberation theology asserts that societal justice can only be achieved by dismantling private property and redistributing wealth created through human labor, even if this requires revolutionary tactics.
Swamy’s work spanned various countries, including the Philippines, Brazil, and the Indian Social Institute (ISI) in Bangalore, before he moved to the tribal regions of Jharkhand. Throughout his career, he was involved in activism, including protests, demonstrations, and supporting ideologies rooted in both Liberation Theology and Maoism.
According to human rights activist Xavier Dias, Swamy’s exposure to political activism began while studying in the Philippines during the 1970s, a time marked by widespread protests against the government. During further studies in Brussels, Swamy became acquainted with Brazilian Archbishop Helder Camara, a prominent figure known for his militant stance such as ‘Pro-Nazi’. Swamy formed a close bond with Camara, drawing influence from his ideas and ideological outlook.
In 1965, Swamy joined St. Xavier’s High School in Lupungutu, Chaibasa, West Singhbhum (now part of Jharkhand) for his regency, a stage during Jesuit formation where trainees undergo practical work in their third and fourth years. Swamy spent two years engaged in the Jesuit order’s activities. In the 1970s, he moved to the Philippines for theological studies and a Master’s in Sociology.
After returning to the Jesuit Jamshedpur Province in 1971, Swamy became the director of Catholic Relief Services in the region. He also served as the director of the Jesuit-run Indian Social Institute (ISI) in Bangalore from 1975 to 1986. During his tenure, several publications and books produced by ISI were accused of presenting biased portrayals of India, and the institute’s campus was reportedly used by extremist groups. For instance, the Popular Front of India (PFI), a banned organization deemed extremist, was allowed to hold events and conferences at ISI.
In 2011, the Kerala Police filed a charge sheet against PFI members in connection with the brutal attack on Professor T.J. Joseph, who had his hand severed over religious differences. In 2010, the Kerala Police also seized bombs, weapons, and documents related to Taliban and Al-Qaeda propaganda from PFI activists. Furthermore, the Kerala government informed the High Court in 2012 that the PFI was implicated in 27 murders, labeling the group as a resurgence of the banned Students Islamic Movement of India (SIMI).
Despite these serious allegations, in 2019, the Indian Social Institute continued to permit PFI activities on its premises. In October 2019, ISI hosted a “Dalit-Muslim Dialogue” led by PFI leaders such as General Secretary Mohammed Ali Jinnah and Secretary Anis Ahmed.
A Key Conspirator In Elgar Parishad Case 2017
The NIA uncovered 140 emails from Stan Swamy’s account that revealed his connections with urban Naxals. In these emails, Swamy discussed plans to recruit individuals and provide them with armed training.
According to the NIA’s chargesheet, one of the letters written by Swamy himself stated, “An all-India front won’t be effective. It should not only serve as propaganda against fascist forces at the ground level but also launch a major offensive against them. The front should operate at the village, small town, and city levels, organizing militant sections of the population in urban areas.”
Swamy further wrote, “From the outset, we should unite Dalit and Muslim forces already forming in various parts of the country. For instance, Dalit forces are emerging in Tamil Nadu and Gujarat, while Muslim minority groups in Kerala, Karnataka, and Maharashtra are engaging in militant actions against Dalit and religious minority groups, fueled by organized Hindutva forces. These groups aim to seek training by aligning with revolutionary movements.”
After reviewing all the evidence, the court rejected Swamy’s bail plea, emphasizing that the collective interest of society outweighed his right to personal liberty. The judge noted, “The applicant’s old age and/or alleged health issues will not favor his release, as the broader public interest must take precedence.”
Special Judge DE Kothalikar, in his ruling, stated, “The material presented shows that the applicant was not only a member of the banned organization CPI (Maoist) but also actively worked to advance the group’s objective of overthrowing the nation’s democracy.”
The evidence suggests that Swamy was engaged in a dual agenda: publicly advocating for the conversion of indigenous Hindu tribals to Christianity while covertly working to recruit them into Maoist activities. His actions aimed to keep India’s Hindu land in a state of unrest and conflict, under the guise of helping tribal communities.
- Objective 1: Overt – Convert tribals to Christianity while stationed in Jharkhand, establishing churches in tribal regions.
- Objective 2: Covert – Recruit tribals for Maoist terrorism, maintaining a state of perpetual turmoil and conflict in Hindu-majority areas.
- Objective 3: Overthrow any Indian government that does not align with Christian or Communist ideologies.
The NIA’s report concludes that Stan Swamy was a member of the banned Communist Party of India (Maoist) and played an active role in advancing the group’s goal of destabilizing the nation. The conspiracy he was involved in aimed to create widespread unrest and overthrow the government.
What Does NIA’s Charge Sheet Say?
The NIA chargesheet, spanning over 10,000 pages, identifies Stan Swamy as a member of the banned Communist Party of India (Maoist) and alleges his involvement in a conspiracy to incite caste violence during the Bhima Koregaon incident on 1 January 2018. In 2018, the Bombay High Court also described the violence linked to the Elgar Parishad and Bhima Koregaon as a “deep-rooted” conspiracy with “extremely serious repercussions.” This conclusion was based on substantial evidence against the accused.
Swamy was reportedly in contact with Comrade Arun, a CPI-Maoist cadre, and communicated concerns about the significant damage the party suffered following the arrest of urban Maoist cadres across the country, particularly in Maharashtra. The charges also reveal that Swamy received Rs 8 lakh from Comrade Mohan to support CPI-Maoist activities. Additionally, Swamy served as the convener of the Persecuted Prisoners Solidarity Committee (PPSC), a front organization for the Maoists.
The NIA further claims that Swamy had plans to organize a front to challenge the Modi government, using armed militias. Among the materials recovered from him were documents detailing the 50-year history of the Naxalbari movement, CPI-Maoist press releases, and circulars from the central committee. Also found were encrypted communications guides, letters about mobilizing Adivasi communities, and documents relating to strategies for the Indian revolution and the tactics of the People’s Liberation Guerrilla Army (PLGA).
One of the letters instructed leaders of the Scheduled Castes (SC) to act with a principle of “no rest, no negligence, and no mercy” and to disrupt the BJP-RSS’s propaganda about development. The letter also emphasized the goal of preventing the BJP from gaining influence among tribal and lower-middle-class populations. On the international front, the document noted disruptions in communication with global Maoist parties due to the absence of key figures like Rona Wilson and Sai Baba. Operations in Sri Lanka and Nepal were also said to be affected, with the central committee assigning a comrade the responsibility of coordinating international solidarity programs, ensuring security training for all involved.
The chargesheet further reveals plans to avoid using the term “anti-fascist” in public campaigns to prevent negative reactions. The NIA also cites a letter from wanted accused Milind Teltumbde (Com M) to another accused, Ron Wilson, which mentions providing monetary support to Sudhir Dhawale and outlines his role in these activities.
NIA’s Arrest & Declaration
The National Investigation Agency (NIA) asserted that Swamy was a key conspirator in the 2017 Elgar Parishad case, which led to violence, stone-pelting, and arson at Shaniwar Wada in Pune. He was arrested on 8 October and presented before a Special Court in Mumbai the following day. Notably, he was not placed in police custody but was instead remanded to judicial custody at Taloja Central Jail. The NIA confirmed that all required legal procedures, including his medical examination, were carried out.
The NIA described Swamy as a “hard-core CPI (Maoist) activist” who allegedly received funds from other Maoist groups to support the activities of the banned organization. Furthermore, the agency stated that Swamy was the convenor of the PPSC and that incriminating documents related to the promotion of CPI (Maoist) activities were found in his possession.
(With inputs from OpIndia & TNIE)
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